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NY L88053




November 2, 2005

CLA-2-84:RR:NC:1:102 L88053

CATEGORY: CLASSIFICATION

TARIFF NO.: 8481.90.1000

Ms. Jamie L. Davis
Interline Brands
3333 Lenox Avenue
Jacksonville, FL 32254

RE: The tariff classification and country of origin marking of brass faucet seats of unspecified origin

Dear Ms. Davis:

In your letter dated October 5, 2005 you requested a tariff classification and marking ruling on behalf of Interline Brands. Samples were submitted.

The articles in question are described as faucet seats, which are available in a range of sizes and thread counts. The seats are made of brass.

The applicable subheading for the faucet seats will be 8481.90.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for parts of hand operated taps, cocks, valves and similar appliances, of copper. The rate of duty will be 3 percent ad valorem.

In your request you inquire whether the faucet seats themselves are required to be marked with their country of origin or if their packaging may be marked to indicate country of origin. The submitted samples were packaged in a labeled plastic bag.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser.

An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. Accordingly, if Customs is satisfied that the article will remain in its container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the faucet seats by viewing the plastic bag in which they are packaged, the individual faucet seats would be excepted from marking under this provision.

Accordingly, marking the plastic bags in which the faucet seats are imported and sold to the ultimate purchaser in lieu of marking the articles themselves is an acceptable country of origin marking for the imported faucet seats provided the port director is satisfied that the faucet seats will remain in the marked bag until they reach the ultimate purchaser.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kenneth T. Brock at 646-733-3009.

Sincerely,

Robert B. Swierupski
Director,

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